Chapter 1.04
VIOLATION OF ORDINANCES—POWER OF ARREST—PENALTY*

Sections:

1.04.010    Classes of crime—Penalties.

1.04.011    Repealed.

1.04.015    Limitation of actions.

1.04.020    Effect of penalty on past actions and obligations.

1.04.030    Repealed.

1.04.040    Power of arrest.

1.04.050    Arrest powers deemed additional.

*    For the statutory provisions authorizing police officers to arrest for certain misdemeanors upon reasonable belief, see RCW 10.31.100. For the provisions regarding maximum penalties a code city may provide for the violation of its ordinances, see RCW 35A.11.020.

1.04.010 Classes of crime—Penalties.

(a)    Any offense defined by this code and any violation of a mandatory provision of this code or any other ordinance of the city constitutes a crime, unless it is a civil infraction or traffic infraction. Civil infractions include only those infractions specifically designated as such in this code or in any ordinance of the city. “Traffic infraction” means an offense under the provisions of Title 12 of this code, for which monetary penalty may be imposed pursuant to Chapter 46.63 RCW et seq. Crimes are either misdemeanors or gross misdemeanors.

(b)    Gross Misdemeanor. Any person convicted of a gross misdemeanor for which no penalty is specifically prescribed shall be punished by imprisonment for up to three hundred sixty-four days, or by a fine of not more than five thousand dollars, or by both such imprisonment and fine.

(c)    Misdemeanor. Every crime which is not a gross misdemeanor is a misdemeanor. Any crime designated as a simple crime in this code or any other ordinance is a misdemeanor. Any person convicted of a misdemeanor for which no punishment is specially prescribed shall be punished by imprisonment for not more than ninety days or by a fine of not more than one thousand dollars or both such imprisonment and fine.

(d)    Notwithstanding the maximum penalties established in this section for gross misdemeanors and misdemeanors, the maximum penalty which may be imposed upon any person convicted of a criminal violation of a city ordinance, including any section of this code, shall not exceed the maximum penalty which could be imposed for violation of a state criminal statute having the same elements.

(e)    Notwithstanding the penalties established by this chapter, unless specified otherwise, violations of any section contained in Title 14 of this code and Section 11.80.110 are civil infractions and the penalty for violation shall be an amount established for such violation by ordinance or court rule. (Ord. 4334 § 1, 2011: Ord. 3430 § 1, 1994; Ord. 3253 §  1, 1991: Ord. 2878 §  1, 1985: Ord. 2852 §  2, 1985)

1.04.011 Serious crimes designated.

Repealed by Ord. 4334. (Ord. 2878 §  2, 1985)

1.04.015 Limitation of actions.

Prosecutions for offenses defined as gross misdemeanors may be commenced within two years after their commission, and for offenses defined as misdemeanors may be commenced within one year after their commission; provided, that any length of time during which the party charged was not usually and publicly resident within the state shall not be reckoned within the one and two years, respectively; and further provided, that where a complaint has been filed within the time limited for the commencement for a criminal action, if the complaint is set aside, the time limitation shall be extended by the length of time from the filing of such complaint to the time such complaint was set aside. (Ord. 3318 §  1, 1992: Ord. 2375 §  1(B), 1978)

1.04.020 Effect of penalty on past actions and obligations.

All prior penalty provisions of the ordinances of the city which impose a fine or imprisonment or both upon conviction are repealed. Nothing herein shall be construed as a repeal of any provision of any ordinance of the city providing for termination, cancellation, loss or forfeiture of any license, permit or privilege granted or regulated by city ordinance or any other penalty imposed other than fine and imprisonment upon conviction of a misdemeanor in a court of competent jurisdiction. (Ord. 2115 §  2, 1970)

1.04.030 Costs of prosecution—Payment.

Repealed by Ord. 4562. (Ord. 2852 §  3, 1985: Ord. 895 §  104, 1962)

1.04.040 Power of arrest.

Any police officer of the city having information to support a reasonable belief that a person has committed or is committing a violation of a city ordinance that constitutes a misdemeanor involving physical harm or threats of harm to any person or property, or the unlawful taking of property, or involving the use or possession of cannabis or driving or being in physical control of a motor vehicle while under the influence of intoxicants or controlled substances shall have the authority to arrest the person. (Ord. 2285 §  1 (part), 1975: Ord. 2092 §  1, 1970)

1.04.050 Arrest powers deemed additional.

The authority and power to arrest specified in Section 1.04.040 shall be in addition to all other powers of arrest as may exist under the laws and the statutes of the state of Washington and the ordinances of the city of Kirkland. (Ord. 2285 §  1 (part), 1975: Ord. 2092 §  2, 1970)